ITAT Rules on Capital Gains: Clarifies Short vs. Long-Term Asset Classification in Property Sale, Requires Reassessment.

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....The ITAT Visakhapatnam dealt with a revision u/s 263 regarding the treatment of a residential property sale as short-term or long-term capital asset. The dispute centered on the appropriation between land and building for capital gains computation under a Joint Development Agreement (JDA). The CIT considered the asset as short-term, disallowing deduction u/s 54EC. The ITAT held that the property was incomplete until possession in Feb 2011, emphasizing the necessity of owning both land and building components in such transactions. It highlighted the importance of bifurcating undivided share of land and built-up area for capital gains computation. The ITAT stressed the need for appropriate documentation to claim indexed cost of improvement an.........